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NWEA Comments on WA Fine Sediment Rule 12/2021

These comments on fine sediments pertain to Washington Department of Ecology’s proposed changes including:

(1) adding definitions to WAC 173-201A-020;
(2) amending WAC 173-201A-200(1)(d), aquatic
life dissolved oxygen criteria for fresh water; and
(3) adding subsection WAC 173-201A-200(1)(h), aquatic life fine sediment narrative criterion.

These comments also pertain to the following court-ordered requirement: “If the proposed rule is a narrative criterion, Washington will concurrently issue draft guidance regarding how it will interpret and apply its fine sediment criterion, including, but not limited to, its use in establishing Washington’s CWA section 303(d) list[.]” Stipulated Order of Dismissal in NWEA v. EPA, No. C14-196 RSM, (October 18, 2018 ), ¶ 2.b.

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